The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-05-04
An IMPORTANT. DECISION
RENDERED BY The UNITED
STATES SUPREME COURT,
In the Bank Tax Case OF Matte &.
Stanley Against the Board Of
Supervisors Of Albany.
POsIM lSTER GENERAL vILASs
NEW ORDER on MAILS.
The Immense Amount Of Mail Await
Ing the Interstate Commission
Court OF Claims Decisions.

WARRINGTON, May "a decision
WaG rendered by the Supreme Court
OF the United States today in the bank
tax case OF Hattie E. Stanley, execu-
trix, plaintiff in error against the
Board OF Supervisors OF Albany, N. Y.
The original plaintiff in this case, Ed
ward N. Stanley, was a citizen of
Illinois and claims to be the assignt Q
OF certain shareholders OF the National
Albany Exchange Bank. He brought
suit to recover certain taxes al
legged to have been illegally collected
from them upon their shares in that
bank during the years from 1874 10
1879 inclusive, and paid into the treas
ury OF the county of Albany. lie
complained that the assessors, by q
rule passed by the assessor, assessed
the shares of the National Albany Elk.
chance Bank at higher rate than
stock in other banks in the same city.
The rule adopted by the assessors was
to assess all shares OF stock in State
and national banks in the city OF AL
bRny at par, irrespective Of their actual
or market value, making I he requisite
deduction for real estate owned by the
banks. The plaintiff maintained
that this rule necessarily re-
suited in imposing upon the
sharta of the National Albany
Exchange Bank greater rate OF taxa
ton than was assessed upon other
moneyed capital generally, because
the actual value OF shares Of stock in
the National Albany Exchange Bank
was considerably less than the stock
OF most Of the other banks In the city.
This court holds that the method OF
assessment complained OF is applied
TO all banks, national and State, and
comes as near as prac icable, consider
ing the nature of the property, to 90.
curing, as betv n them, uniformity
and equality Of taxation and cannot be
considered ss discriminating against
either. In no respect can 1t be regard
ed as adopted in hostility TO the ma.
tional banks. 1t must sometimes
place the estimated value OF their
shares below their real value; but such
q result 10 not one OF which the hold
ers ofnational bank shares can COM
plain. II must also sometimes lead to
over valuation OF the shares, but II 80,
no ground Is thereby furnished for
the recovery OF the taxes collected
thereon
1t 10 only where the ast esement is
wholly void or void with respect to
separable portions OF the property,
the amount OF which is asceItafnable
or where the assessment had been set
aside as invalid that an action at law
will lie for the taxes paid or for q por.
ton thereof. Generalization OF prop
erty is not a ground Of action at law
Tor the excess beyond what should
have been levied upon just valus-
ton. The courts cannot, in such
case, take upon themselves the iunc.
tons Ola revising or equalizing board.
In nearly all the States provision 10
made by law for the correction OF
errors and irregularities OF assessors
through special boards of revision. To
these boards OF revision the citizen
must apply for relief against excessive
and irregular taxation where The as.
sessing officers hed jurisdiction to
act. The jlion OF the latter being
judicial, their judgment in cases with.
in their jurisdiction are not open to
collateral attacks. II rot corrected by
some Of the modes pointed out by
statute they are conclusive, whatever
eroB msy have been committed in
the assessment. The judgment Of the
court below is affirmed. Opinion by
Mr.. Justice Field. A decision was
also rendered in the CAGE of George b.
Snow and others against the Lake
Shore ana Michigan Southern Railway
company. Appeal irom the United
States Circuit Court for tho Northern
District OF New York. This suit was
brought by the appellants against the
railway company for alleged infringe
mtnt of q patent granted June IL,
1872, for an improvement in "stesm
bell ringers" The court below dis.
missed the bill upon the ground that
the "a ent had not been iniringed.
Ila DECREE lie nlli med with cnsla